velux window fitted wrong?

[linds4567]

hi we're looking for some advice on the fitting of our velux window, it was actually fitted 2 years ago by our builder while converting our loft.
we have a damp area of painted plaster above the window that has been there, as far as I'm concerned, since the window was fitted.
the actual window doesn't leak and works perfectly, my worry is the slate roof above the window is letting in rain water, our builder has explained that he would have to charge us to look at it as it's been over a year since it was fitted, but I'm convinced it wasn't fitted correctly, please see the attached pictures, any advice would be greatly appreciated.
Lindsey

 

[Groovejet]

no pictures??

 

[oldbutnotdead]

I'm not sure about the charging to check after a year- have a Google for Sale of Goods. My feeling is that a substantial permanent structure (like a roof) should be guaranteed against defects caused by poor workmanship for more than a year. My suspicion is whoever eventually investigates will find the top apron/gutter either not fitted properly or not even there (Velux sell the flashing kits as an extra).

 

[motorbiking]

When did you report it to him? and why has it taken so long to tell him, where you hoping it would dry out?

 

[^woody^]

You have six years from discovery to make your claim against the builder. Not one year.

He should come out at no cost and investigate, and if the cause is bad work, he puts it right at no cost. If its nothing to do with his work - eg a recently broken tile, then he would be permitted to charge.

The risk is whether the builder will be honest in his investigations. You are obligated to give him the opportunity, but do not have to accept his demand for payment up front, or payment regardless of the cause.

If he wont accept that, you can instruct another builder to investigate and report, and repair, and then if it is bad work, you will have grounds to reclaim your costs from the first builder. If you think that you will need to make a legal claim, then always get an independent expert report.

Strictly, you should have notified the builder as soon as you discovered the leak, as otherwise it could have gotten worse, and it would not be his responsiblilty to rectify more damage than it would have been had you told him earlier

 

[datarebal]

post as many pictures as you can , from all angles. including the roof above the velux up to ridge

 

[motorbiking]

read carefully woody's post note that it is not saying the work must last 6 years, just that you have 6 years to claim for a fault

Had you reported the problem within the first six months, then the burden is on him to prove it's not faulty workmanship. after that it's on the consumer. If he supplied the materials he's also on the hook for defects, if you sourced he isn't.

 

[linds4567]

thanks! for some reason the pictures won't upload, I will try again.
the reason I didn't report it to him earlier was it was summer when it was finished and the leak wasn't a problem as the weather was nice, the delay increased also as he was supposed to be coming to add a bay window to our house 6 months later but kept putting the date back and we eventually got someone else to do the bay. I should have been more persistent in hind sight.
thanks for everyone's advice!

 

[linds4567]

 

[datarebal]

The rear flashing is incorrectly fitted.
Their error, pretty basic stuff.
To point you in the right direction, The rear flashing (back Gutter) is under one slate to the rear actually it should be under two. well three really
Look carefully between the slates you will see the top of the back gutter highlighted by a light coloured dot. Water will seep under here.

There are rivets missing in the abutting slates (not a leak but wrong)
The back gutter is sitting on a slate which it should be sitting under..

I can assure you the problem is poor fitting... Am sure others will confirm

 

[datarebal]

like so

 

[oldbutnotdead]

Yep as above- just had a look at the online fitting pdf for Velux, they're even worse than the cheapie ones I got from B & Q (£80 with a flashing kit- bargain!)
The top and side gutters should be below all the slates (and ideally the roofing felt though that gets tricky)- gravity being your friend, water comes down from the ridge, hits slates and eventually your window flashing. Flashing diverts it round the window and back onto the roof via the front skirt (which is above the slates running below the window). At the moment, water is getting under the flashing and into your roof structure. Definitely wrongly installed, get him back out to do it properly

EDIT There's no need to disturb internal plasterwork etc- not sure about the Velux range but if the window can be completely removed from the frame then the thing can be refitted from inside- no need for scaff and roof ladders and nonsense).

 

[catlad]

Not sure its wise to get him back out he clearly doesn't know
what he is doing.

 

[datarebal]

it can be done from inside. provided there isnt a public foot path etc below
small job ...or should be

 

[linds4567]

thank you all! as I suspected! I'm not sure I want him to come back to fix it as I'm concerned it won't be done properly (again). is it a job for a builder or a roofer?
thanks again